United States District Court, W.D. Washington, Seattle
HONORABLE RICHARD A. JONES UNITED STATES DISTRICT JUDGE
matter comes before the Court on the Government's Motion
to Dismiss. Dkt. # 67. Plaintiffs Northwest Immigrant Rights
Project (“NWIRP”) and Yuk Man Maggie Cheng
(collectively, “Plaintiffs”) oppose the motion.
Dkt. # 75. Having considered the pleadings and balance of
the record, the Court finds oral argument unnecessary. For
the reasons set forth below, the Court GRANTS in part
and DENIES in part the Government's motion.
27, 2017, the Court entered a preliminary injunction barring
the Government from enforcing 8 C.F.R. § 1003.102(t)
(“the Regulation”) on a nation-wide basis. Dkt. #
66. In its Order, the Court detailed the likelihood that
Plaintiffs would succeed on the merits of their as-applied
First Amendment challenge but showed skepticism that
Plaintiffs would succeed on their remaining claims.
Id. The Government now moves the Court to dismiss
all Plaintiffs' constitutional challenges to the
courts are tribunals of limited jurisdiction and may only
hear cases authorized by the Constitution or a statutory
grant. Kokkonen v. Guardian Life Ins. Co. of
America, 511 U.S. 375, 377 (1994). The burden of
establishing subject-matter jurisdiction rests upon the party
seeking to invoke federal jurisdiction. Id. Once it
is determined that a federal court lacks subject-matter
jurisdiction, the court has no choice but to dismiss the
suit. Arbaugh v. Y & H Corp., 546 U.S. 500, 514
(2006); Fed.R.Civ.P. 12(h)(3) (“If the court determines
at any time that it lacks subject-matter jurisdiction, the
court must dismiss the action.”).
may bring a factual challenge to subject-matter jurisdiction,
and in such cases the court may consider materials beyond the
complaint. PW Arms, Inc. v. United States, 186
F.Supp.3d 1137, 1142 (W.D. Wash. 2016) (citing Savage v.
Glendale Union High Sch., 343 F.3d 1036, 1039 n. 2 (9th
Cir. 2003); see also McCarthy v. United States, 850
F.2d 558, 560 (9th Cir. 1988) (“Moreover, when
considering a motion to dismiss pursuant to Rule 12(b)(1) the
district court is not restricted to the face of the
pleadings, but may review any evidence, such as affidavits
and testimony, to resolve factual disputes concerning the
existence of jurisdiction.”).
Civ. P. 12(b)(6) permits a court to dismiss a complaint for
failure to state a claim. The rule requires the court to
assume the truth of the complaint's factual allegations
and credit all reasonable inferences arising from those
allegations. Sanders v. Brown, 504 F.3d 903, 910
(9th Cir. 2007). A court “need not accept as true
conclusory allegations that are contradicted by documents
referred to in the complaint.” Manzarek v. St. Paul
Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th
Cir. 2008). The plaintiff must point to factual allegations
that “state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 568 (2007). If the plaintiff succeeds, the complaint
avoids dismissal if there is “any set of facts
consistent with the allegations in the complaint” that
would entitle the plaintiff to relief. Id. at 563;
Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009).
typically cannot consider evidence beyond the four corners of
the complaint, although it may rely on a document to which
the complaint refers if the document is central to the
party's claims and its authenticity is not in question.
Marder v. Lopez, 450 F.3d 445, 448 (9th Cir. 2006).
A court may also consider evidence subject to judicial
notice. United States v. Ritchie, 342 F.3d 903, 908
(9th Cir. 2003).